The Virginia Municipal League recommends that the Board of Agriculture Consumer Services reject the petition from Nathan J. Winograd because it does not have the legal power to make public records for "...free public inspection upon request."

Under Virginia law a public body may make reasonable charges not to exceed its actual cost incurred in accessing, duplicating, supplying, or searching for the requested records (§ 2.2-3704 F). Therefore the Board lacks the authority to impose a rule in conflict with the rights of government agencies under Virginia's Freedom of Information Act.